BVA9504221
DOCKET NO. 93-10 120 ) DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Seattle,
Washington
THE ISSUES
1. Entitlement to an increased disability evaluation for post
traumatic stress disorder (PTSD), currently evaluated as 30
percent disabling.
2. Whether new and material evidence sufficient to reopen a
claim to service connection for residuals of an injury to the
left great toe has been submitted.
3. Entitlement to service connection for left great toe hallux
valgus, with bursitis.
4. Entitlement to service connection for bilateral pes planus.
REPRESENTATION
Appellant represented by: The American Legion
WITNESSES AT HEARING ON APPEAL
Appellant and wife.
ATTORNEY FOR THE BOARD
J.W. Engle, Counsel
INTRODUCTION
The appellant served on active duty from August 1970 to September
1973.
This matter came before the Board of Veterans' Appeals (the
Board) on appeal from a decision dated in September 1990 by the
St. Petersburg, Florida, Department of Veterans Affairs Regional
Office (VARO). The appellant moved his residence from Florida to
Washington and the Seattle, Washington, VARO assumed jurisdiction
over the appellant's claims.
REMAND
Review of the evidence of record reveals that the various
psychiatric clinicians who have examined and/or treated the
appellant have not objectively related the appellant's PTSD
symptomatology to the level of impairment, if any, of his social
and industrial adaptability. In view of the above and in
compliance with the United States Court of Veterans Appeals
holding in Massey v. Brown, No. 93-135 (U.S. Vet. App. Dec. 6,
1994), the undersigned concludes that additional medical
development is necessary in this case.
Furthermore, the record reflects that the appellant has been
receiving regular treatment for his PTSD symptoms from Dr.
Lovvorn since April 1993. However, complete photocopies of these
treatment reports have not been associated with the claims folder
and in light of his claim to an increased disability evaluation
for PTSD the undersigned believes that these reports are
necessary to appropriately evaluate the appellant's claim. In
addition, the record indicates that the appellant was granted
Social Security Administration (SSA) disability benefits based,
at least in part, upon his service-connected PTSD. The Board
notes that where there has been a determination that the
appellant is entitled to SSA benefits, the records concerning
that decision are often needed by the VA for evaluation of
pending claims, and must be obtained. See Murincsak v.
Derwinski, 2 Vet.App. 363 (1992).
Accordingly, this case is REMANDED for the following action:
1. VARO should request complete, legible
copies of all treatment reports from Dr.
Lovvorn dated from April 1993 to the
present time after securing appropriate
releases from the appellant. All attempts
to secure those records should be
undertaken. All records received in
response to this requests should be
associated with the claims folder.
2. VARO should attempt to locate and
obtain a copy of the complete file
associated with the reported award of
Social Security disability benefits to the
appellant. See 38 U.S.C.A. § 5106 (West
1991); 38 C.F.R. § 3.159 (1993).
3. After completion of the above
development, VARO should schedule the
appellant for a comprehensive VA
psychiatric examination. This study must
be conducted in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations. All indicated tests,
including appropriate psychological studies
with applicable subscales, must be
conducted. The claims folder must be made
available to and reviewed by the examiner
prior to the requested study. The examiner
must assign a Global Assessment of
Functioning Score consistent with the
American Psychiatric Association's
DIAGNOSTIC AND STATISTICAL MANUAL FOR
MENTAL DISORDERS (3rd ed. rev., 1987), and
explain what the assigned score represents.
A complete rationale for any opinion
expressed must be provided.
4. Following completion of the foregoing,
VARO must review the claims folder and
ensure that all of the foregoing
development actions have been conducted and
completed in full. If any development is
incomplete, including if the requested
examination does not include all test
reports, special studies or opinions
requested, appropriate corrective action is
to be implemented.
Consideration of the claims to service connection for residuals
of a left great toe injury based upon new and material evidence,
left great toe hallux valgus, with bursitis and bilateral pes
planus is deferred until completion of the requested development.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate outcome
of this case. The appellant need take no action unless otherwise
notified.
C.P. RUSSELL
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the Board
on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).